We have two drivers in our organization. One of them was initially appointed as a bell boy cum driver, and another was recruited directly as a driver. After some time, the team member who was recruited as a bell boy cum driver has been re-designated, and his new designation is driver.
The person who was directly recruited as a driver is wearing the uniform given by the Management, which is a white safari. However, the person who was re-designated as a driver is still wearing a white shirt and black trousers (the Bell Boy cum Driver's uniform).
Now, Management has decided that both drivers will wear the same uniform, i.e., a white safari. However, the second person, who is wearing a white shirt and black trousers, has refused to do so. He also threatened us that he will file a case against the Management for mental harassment.
Can anybody help me in this matter? Can Management take any action against him? Is there any law in this regard?
From India, Delhi
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The person who was directly recruited as a driver is wearing the uniform given by the Management, which is a white safari. However, the person who was re-designated as a driver is still wearing a white shirt and black trousers (the Bell Boy cum Driver's uniform).
Now, Management has decided that both drivers will wear the same uniform, i.e., a white safari. However, the second person, who is wearing a white shirt and black trousers, has refused to do so. He also threatened us that he will file a case against the Management for mental harassment.
Can anybody help me in this matter? Can Management take any action against him? Is there any law in this regard?
From India, Delhi
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Dress Code Compliance and Disciplinary Action
There is no law to regulate such codes of conduct. Normally, the Standing Orders of the company will provide for dress codes applicable to various categories of employees. Anyway, if the driver is expected to wear a white safari and if any driver refuses to wear it, you can take it as insubordination and misconduct. You may give him a written order that henceforth he should wear a white safari while on duty. If he refuses to wear it, take it as insubordination and issue a letter asking him to show cause why disciplinary action should not be initiated against him. Hear what he wants to say, and if not proper, redesignate him back to a bellboy or whatever punishment you want to give him.
The threat that he will file a case for mental harassment will not happen because, in this issue, there is no kind of mental harassment. Had it been a case of a female employee and she had been asked to come to the office wearing a miniskirt, then it would have become harassment. A safari is a decent dress, and I don't think that there is any harassment if one is asked to wear it. Moreover, the uniform is issued to the driver or any employee by the organization, and the employee is not spending any money on it.
Regards,
Madhu.T.K
From India, Kannur
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4526There is no law to regulate such codes of conduct. Normally, the Standing Orders of the company will provide for dress codes applicable to various categories of employees. Anyway, if the driver is expected to wear a white safari and if any driver refuses to wear it, you can take it as insubordination and misconduct. You may give him a written order that henceforth he should wear a white safari while on duty. If he refuses to wear it, take it as insubordination and issue a letter asking him to show cause why disciplinary action should not be initiated against him. Hear what he wants to say, and if not proper, redesignate him back to a bellboy or whatever punishment you want to give him.
The threat that he will file a case for mental harassment will not happen because, in this issue, there is no kind of mental harassment. Had it been a case of a female employee and she had been asked to come to the office wearing a miniskirt, then it would have become harassment. A safari is a decent dress, and I don't think that there is any harassment if one is asked to wear it. Moreover, the uniform is issued to the driver or any employee by the organization, and the employee is not spending any money on it.
Regards,
Madhu.T.K
From India, Kannur
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Dress Code Policy.doc